USPTO Chief Predicts Supreme Court Will Uphold AIA Reviews

Law360, New York (June 29, 2017, 8:08 PM EDT) -- The interim director of the U.S. Patent and Trademark Office vowed Thursday that the agency would prevail in a U.S. Supreme Court case challenging the constitutionality of America Invents Act reviews, predicting the justices would vote unanimously to uphold the proceedings.

The high court agreed this month to hear an appeal by Oil States Energy Services LLC, which argues that only federal courts, not executive branch tribunals like the USPTO’s Patent Trial and Appeal Board, have the authority to invalidate patents and that AIA reviews therefore violate the U.S. Constitution.

Joseph Matal, who took over leadership of the USPTO less than...

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